YouTube was and is not a partner in the program and the company is claiming that its video is being “throttled” down to 480p. T-Mobile responded with a different term, “downgraded,” which supposedly conforms with net neutrality.

The Electronic Frontier Foundation is apparently having none of it: it completed streaming video and video download tests on a phone with Binge On enabled and it found that T-Mobile was throttling all such activity down to about 1.5Mbps. That includes HTML5 streaming and direct downloads to your device.

That means streaming video at resolutions greater than 480p will still only have that small amount of bandwidth to work with, making for a start-and-stop viewing experience.

Furthermore, the EFF found that T-Mobile has not attempted to “optimize” the actual content of the video nor has it “downgraded” traffic priority for video. It’s just throttling the speed down to 1.5Mbps. And for Binge On customers who have to opt out of it, the carrier is charging you for throttled video from a video provider that hasn’t signed up for Binge On. That practice would go against the FCC’s Open Internet Order.

Jules Wang is News Editor for Pocketnow and has been on the team since May of 2015. Before that, he was a production intern, editing and producing the Pocketnow Weekly podcast and also editing other video projects from the team. He is a Emerson College graduate of 2015 with studies in journalism.